澳門刑事電子數據的留存、通訊截取與在線搜索制度研究 ——基於對歐盟法和德國法的考察

Macao Law No. 10/2022 on the Legal Regime for the Interception and Protection of Communications establishes a mechanism for data retention and retrieval of communication records and replaces the previous telephone wiretapping with a system for the interception of communications, which responds to the demand for access to electronic data in the network era. However, the system is still facing many challenges, including the proportionality of data retention, the interception of encrypted communications, cross-border data access, and access to electronic data processed by cloud data and network service providers. To address these challenges, Macao may draw on the experience of the European Union and Germany in restructuring the procedures for data retention of communication records, optimizing the mechanism for data access and rights protection, and increasing the number of investigative measures such as source-side interception and online searches. On the premise of complying with the principle of proportionality and protecting basic rights such as privacy and data rights, Macao’s regulations on the preservation of confidential access to electronic data should be further improved.